St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-07-23
THE RIGHTS OF ALIENS.
Their Power to Hold Property in
the United States Defined.

Their Power to Hold Property in
the United States Defined.
WASHINGTON, July 22.-The follow
ing is the text of tue attorney generals
opinion with regard to the act TO restrict
ownership of real estate in the terrific
TieS to American citizens:
Department of Justice Washington. May
20.-TO the President. Sir: 4 reply to your
inquiries must be derived from an interpreta-
ton of the act Of March ). 1887 entitled An
act to restrict the ownership of real estate in
the territories to American citizens. and so
forth" The inquiries are: First, was the
act intended to apply and does it apply 10
mines: Second, can aliens lawfully acquire.
own and hold shares of stock issued by an
American corporation which is the owner of
mineral lands III the territories: Third. would
the advancement of money by aliens for the
purpose Of developing mining properties be
lawful under the act: Fourth, can aliens law
fully contract with American owners for
working mines or making any proper use of
mineral lands for Il term of years. The first
section of the act fOrbids aliens who have
not declared their intention to become citi-
Zens of the United States and alien corpora
tions ito hereafter acquire, hold or own real
estate, or amy interest therein in the terri
tories of the United States or in the District
of Columbia, exec ut i'll the cases enumerated
in the exceptional proYisO to the section.
The second section fOrbids the holding
or acquiring by any foreign corporation or
association Of more than % per cent. of the
stock i'll any company. The third section
fOrbids corporations other than railway,
canal or turnpike cumpanies to hereafter ac-
Quire, hold or own more than 5000 acres of
land hereafter acquired, or limits railway,
canal and turnpike companies in their ac-
QUESTION to such lands as may be necessary
TO the proper operation of their roads, canals
and turnpikes. The fourth section provides
for forfeiture of the property for violations
of the prOviSo of the act The propertv
a @ apHlIirqH or y,
the first section Is real estate or any interest
therein The term real estate is very
comprehensive. 1t includes lands and every
estate that may be inherited which is annexed
to, arises out of.Or is sexercisable therein. This
term embraces agricultural mineral desert
and timber lands and town sites alike. The
phrase. ANY interest therein is somewhat
ambiguous. 1t might bear the construction
that a lease for years is an interest in land.
and land is real estate, therefore lease for
wears is an interest i'll real estate 1t admits
of another construction, viz: That the words
"any interest therein must refer to any in
tereSt i'll real estate: that a lease for years or
any estate less than freehold in land is not
real estate. but a chattel real. and is so known
in the law: that the word therein refers to
what i'll law is known as real estate, and as a
lease for years is not 50 known it does not in
clude lense In this view of the act the
term would signify any propOrtionate part OF
interest in what is known as real
property which as such would pass at the
death of the ancestor TO the heir and not tC
the administrator or executor. 1t was no
the purpose of the law TO change the whole
policy Of the government TO such an eXteu
as to exclude emigration, and forbid 10 al
alien even a lawful temporary residence II
the territories of the government and th(
District of Columbia. Yet the first construc
ton suggested would effect that result
Under ii the owner of property in the Dis
trct of Columbia could not lawfully lease
even for a month. dwelling to one not
citizen. The alien emigrant to territorie:
who had hoped and intended as citizen il
the future. to make his home there could no
lawfully obtain a building in which to shell
ter his family. Such consideration as these
enforce the view that the latter construction
is in accordance with the intent o.
the legislature. and that bona-fi leases
are not intended to come within the inhibi
ton of the act. The exception 10 the frs
section relieves from its provisions such rea
estate or Interest therein as may be acquired
IN the ordinary course of justice in the col
lection OF debt contracted before the passag,
OF the act; but these provisions attach witt
full force to debts contracted since its pass
age. The expression in this connection, M
: corporation shall hereafter acQuiTi
: or hold or own any real estate hereafter ae
0Dired relates to ri future operations o
GlIy corporation IN real estate. in the terri
tories in the District of Columbia. 1t doe
not diyest any rights now existing, nor pre-
ciadc American corporations from holdin
real estate now owned by them even a
. though more than 20 per cent. o
theNr stock may be owned by other
cent of their stock now is, or at any futur
time should be held and owned by other:
not citizens or American corporations Whll
such per cent of stock is so held and oWneC
no further acquisition can be made OF res
estate b.S.S@SY such corporation. The az